The nuclear option: The FCC's proposed Internet rules are going big

The Federal Communications Commission is preparing to vote on rules that would dramatically change how the Internet is regulated, a move that would adopt regulation championed by advocates of net neutrality and opposed by Internet service providers.

Today, I’m proposing rules to keep the Internet fair, fast and open and grounded in #TitleII authority.

FCC Chairman Tom Wheeler announced the proposal on Wednesday in an editorial posted on Wired.com:

That is why I am proposing that the FCC use its Title II authority to implement and enforce open internet protections.

Using this authority, I am submitting to my colleagues the strongest open internet protections ever proposed by the FCC. These enforceable, bright-line rules will ban paid prioritization, and the blocking and throttling of lawful content and services. I propose to fully apply—for the first time ever—those bright-line rules to mobile broadband. My proposal assures the rights of internet users to go where they want, when they want, and the rights of innovators to introduce new products without asking anyone’s permission.

The proposal would bring broadband Internet — both landline and mobile — under stricter regulation similar to that of utility companies. The change, known colloquially as reclassification, would give the FCC more power to regulate the networks and pricing of Internet service providers. The rules would prevent Internet service providers from creating fast lanes, something that had been serious concern of Internet advocates based on the commission's first draft of rules.

Internet policy expert and lawyer Marvin Ammori, who has advised proponents of reclassification, told Mashable in an email that the news had set off celebrations among net neutrality advocates.

"This is a historic victory for all Americans who are not cable lobbyists—people who buy stuff on Etsy, share memes on Tumblr, or fund movies and books on Kickstarter," Ammori said. "There is so much excitement among the startup community and the civil liberties advocates. It's like digital high fives, hugs, and tears."

The FCC is scheduled to vote on the rules on Feb. 26. If ratified, the shift would mark a major victory for proponents of net neutrality, which calls for all data that travels online to be treated equally. Previous efforts at establishing regulation to enforce net neutrality had been struck down by courts.

The proposed #OpenInternet rules apply to both wired and mobile networks. We must protect all consumers, regardless of how we get online.

The proposed rules, which had reportedly begun to circulate on Monday, will seek to re-establish the hallmarks of net neutrality efforts. In addition to preventing ISPs from blocking legitimate websites, the new rules would prohibit companies from exchanging money for preferential treatment of data.

The rules for the first time address the connection points between networks, important junctions that had become sources of controversy between content providers and IPSs.

A successful vote, however, will not be the last word on this issue. The new rule would almost certainly end up back in court.

The net neutrality debate has escalated in the past few months as reclassification went from a fringe concept to a legitimate contender. Wheeler had said repeatedly that reclassification was on the table, despite taking no shortage of jabs from critiques that pointed to his past as an industry lobbyist. The most notable was John Oliver's labeling of Wheeler as a "dingo."

That Oliver skit also marked something of a turning point. His call for people to deluge the FCC with messages helped bring renewed attention to the topic, as well as an influx of comments, most of which called for the strict regulations found in the new proposal.

Major companies that provide millions of U.S. consumers with Internet service have lobbied aggressively against the proposed rules. The ISPs claim that the new regulations will be unnecessary and stymie much-needed infrastructure investment. AT&T has already said it will pause spending on its fiber network if the FCC reclassifies broadband. The FCC then fired back for details on AT&T's investment plan.

Assuming Wheeler votes for his own plan, he will need two of the four remaining commissioners to vote affirmatively on the rules. The FCC often votes 3-2 along party lines, with Wheeler and Commissioners Mignon Clyburn and Jessica Rosenworcel tending to side with the Democrats. Ajit Pai and Michael O'Rielly serve as the Republican commissioners and are expected to vote against the change.

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